Eleanor Finch
Maine has been a constitutional carry state since 2015, allowing individuals over the age of 21, or 18 and in active military service, to carry a firearm without a permit. Despite its status as a constitutional carry state, Maine does offer concealed carry permits, which are required to carry a firearm in various other states with which Maine has reciprocity agreements. While Maine has historically had few gun safety laws, the state has made progress following the 2023 Lewiston mass shooting, implementing background check requirements for many unlicensed gun sales. Maine's gun laws continue to evolve, with ongoing discussions around gun-related bills and potential changes to hunting regulations.
| Characteristics | Values |
|---|---|
| Constitutional carry status | Yes |
| Permit requirement | No |
| Background check requirement | No |
| Firearm registration requirement | No |
| Age requirement | 21 or older, or 18 and active duty or honorably discharged military |
| Training requirement | No |
| Concealed carry permits offered | Yes |
| Reciprocity agreements | Yes |
| Duty to retreat | Yes |
| Stand your ground law | No |
| Castle Doctrine state | Yes |
| Firearm storage requirement | Yes |
| Firearm possession restrictions | Schools, courthouses, state parks, Acadia National Park, federal buildings, state capitol area, private property with owner prohibition, establishments licensed for on-premises alcohol consumption |
| Firearm discharge restrictions | Establishments licensed for on-premises alcohol consumption |
| Magazine capacity restrictions | Semi-automatic firearms: 6 cartridges (5 in the magazine + 1 in the chamber); shotgun capacity for migratory game bird hunting: 3 shells |
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What You'll Learn
Maine's gun laws
Maine has historically had very few gun safety laws, but this changed in the wake of the 2023 mass shooting in Lewiston. The state now has a background check requirement that covers many unlicensed gun sales, and a waiting period for firearms. Maine is a "shall-issue", permitless carry state, meaning that no permit, background check or firearms registration is required to buy a handgun from a private individual. Open and concealed carry are legal in Maine without a permit. However, if carrying a concealed weapon, individuals must disclose this to law enforcement during a routine stop, detention or arrest.
Maine issues permits for reciprocity purposes, and recognises resident concealed handgun permits issued by other states if that state recognises Maine's resident permits. Permits are issued to residents and non-residents who are at least 18 years old, and require a firearms training course approved by the state. Some areas are off-limits for carrying a firearm, including schools, courthouses, Acadia National Park, and federal buildings.
Maine does not have a "Shoot First" law, and requires firearms to be stored locked, unloaded, and separate from ammunition. The state prohibits devices that alter the trigger mechanisms of semi-automatic pistols and rifles, and prohibits replacement shoulder stocks for semi-automatic rifles. New handgun models must have childproofing features and microstamping technology, and gun dealers must obtain a state license. Ghost gun parts are regulated, and gun magazines larger than a prescribed size are barred.
Maine law prohibits people with felony convictions, qualifying misdemeanour crimes of domestic violence, dishonourable discharge from the military, certain mental health adjudications, and more, from possessing firearms.
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Concealed carry permits
Maine has historically had very few gun safety laws, but this has changed in recent years, particularly after the 2023 mass shooting in Lewiston. The state now has a background check requirement for many unlicensed gun sales. Maine is a "shall-issue", permitless carry state, meaning that no permit or background check is required to buy a handgun from a private individual. Open and concealed carry are legal in Maine without a permit for anyone over 21, or 18 and in the military or national guard.
Despite this, concealed carry permits are still available in Maine and are required to carry a weapon in several other states with which Maine has reciprocity agreements. These permits are issued by the Department of Public Safety through the Maine State Police, and applicants must show proficiency with pistols and complete a firearms training course. The permit is valid for four years and must be renewed.
Maine honors concealed carry permits from several other states and has reciprocity agreements with some, allowing their residents to carry concealed weapons within the state. However, Maine does not honor permits from non-residents in states that do not recognize Maine's resident CCHs.
Some areas are off-limits for carrying a concealed weapon, including schools, courthouses, federal buildings, state parks, and establishments serving alcohol, provided there is a "no firearms" sign posted. It is also illegal to carry a firearm on these premises while under the influence of alcohol or drugs.
Firearm laws can be complex and are constantly changing, and it is the responsibility of each individual to ensure they are complying with the relevant laws.
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Open carry laws
Open carry is legal in Maine without a permit for anyone over 21 who can legally possess a firearm, or at least 18 and active-duty or honorably discharged from the military. However, open carry is not permitted in federal buildings or establishments licensed to serve alcohol, if there is a "no firearms" sign posted.
Maine has historically had very few gun safety laws, but in the wake of the 2023 mass shooting in Lewiston, the state established a background check requirement for many unlicensed gun sales. The state also requires firearms to be stored locked, unloaded, and separate from ammunition in certain circumstances. Maine is a "shall issue" state, meaning that concealed carry permits are available to qualified applicants. These permits are issued by the local police or state police and are required to carry a firearm in various other states with which Maine has reciprocity agreements.
Maine's gun laws are regulated by Article I, Section 16 of the state's constitution, which states, "Every citizen has a right to keep and bear arms and this right shall never be questioned." The state has preemption of firearms laws, meaning that no political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms. Additionally, municipalities in Maine may not sue firearm or ammunition manufacturers for damages relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition. However, they may bring legal action for breach of contract or warranty.
While Maine does not have a "stand your ground" law, it is a Castle Doctrine state, which means that individuals have a duty to retreat outside of their dwelling place before using deadly force. Maine also allows law enforcement and family members to petition for a court order to temporarily prevent someone in crisis from accessing guns.
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Firearm restrictions
Maine is a "shall-issue", permitless carry state, meaning that concealed weapons permits are issued at the state level by the Department of Public Safety through the Maine State Police. There is no permit, background check, or firearms registration required to buy a handgun from a private individual. Open and concealed carry are legal in Maine without a permit. However, there are some restrictions on who can possess a firearm and where it can be carried.
Firstly, only those aged 21 and over can carry a concealed firearm without a permit. An exception is made for those aged 18 and over who are on active duty in the Armed Forces or the National Guard, or who have been honorably discharged and are not otherwise prohibited from carrying a firearm. Those aged 18-20 without these military qualifications must have a permit to carry a concealed weapon.
Secondly, there are restrictions on where a firearm can be carried. It is illegal to possess a firearm in certain places, including:
- Courthouses
- State parks
- Acadia National Park
- Schools
- Federal buildings
- State Capitol area
- Private property when prohibited by the property owner
- Establishments licensed for on-premises consumption of liquor, if the premises are posted
- Wildlife sanctuaries
- Labor disputes and strikes
Additionally, it is illegal to carry a firearm on these premises while under the influence of intoxicating liquor or drugs, even if there is no posted prohibition.
Maine also recognizes resident concealed handgun permits issued by other states if that state recognizes Maine's resident permits. Permit holders from these states can carry in some areas that individuals carrying under the permitless law cannot, such as Acadia National Park.
Maine does not have a "stand your ground" law, so individuals have a duty to retreat outside of their dwelling place. However, the use of non-deadly force is justified to prevent or terminate the commission of a criminal trespass, and the use of deadly force is justified if necessary to prevent an attempt by another person to commit arson.
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Gun safety laws
Maine has historically had very few gun safety laws, but this seems to be changing. In the wake of the 2023 mass shooting in Lewiston, the state established a background check requirement that covers many unlicensed gun sales. Maine is also a "shall-issue" state, meaning that the Department of Public Safety issues concealed weapons permits. However, Maine is also a permitless carry state, with no permit, background check, or firearms registration required to buy a handgun from a private individual. Open and concealed carry are legal in Maine without a permit for anyone over 21, or 18 and active duty or honorably discharged from the military.
There are some gun safety laws in Maine. Maine does not have a "Shoot First" law, and firearms must be stored locked, unloaded, and separate from ammunition in certain circumstances. The state also prohibits devices that alter the trigger mechanisms of semi-automatic pistols and rifles, enabling them to continuously fire rounds. It also prohibits replacement shoulder stocks for semi-automatic rifles that allow shooters to fire shots in rapid succession. New handgun models sold in the state must have childproofing features and microstamping technology, and gun dealers must obtain a state license. Ghost gun parts cannot be sold without serial numbers and a background check, and the purchase of gun magazines larger than a prescribed size is barred.
Maine allows lawsuits against manufacturers and dealers whose bad conduct results in harm and allows officials to deny sales if the buyer poses a danger. Gun sales cannot proceed while a background check is ongoing, and gun owners must notify law enforcement if their guns are lost or stolen. Maine bars deadly force unless necessary to prevent serious bodily injury and does not make exceptions for felony suspects fleeing arrest. The state limits qualified immunity, a legal shield for police officers accused of civil and constitutional violations. Maine's state budget includes funding for community violence intervention programming.
Maine does not preempt towns and cities from making their own gun safety policies. It is illegal to possess a firearm in certain places, including courthouses, state parks, schools, federal buildings, state capitols, private property when prohibited by the property owner, establishments licensed for on-premises liquor consumption, wildlife sanctuaries, and during labor disputes and strikes.
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Frequently asked questions
Yes, Maine is a constitutional carry state.
In Maine, a person who is not otherwise prohibited from possessing a firearm can carry a concealed or open firearm without a permit. This law came into effect on October 15, 2015.
Yes, there are some restrictions on where a person may carry a firearm in Maine. It is illegal to possess a firearm in courthouses, state parks, schools, federal buildings, state capitols, private properties with posted prohibitions, establishments licensed to serve alcohol, wildlife sanctuaries, and certain other locations.
Yes, Maine has some gun safety laws in place, including background check requirements for many unlicensed gun sales and waiting periods for firearm purchases. Maine also allows officials to bar concealed carry by people who pose a danger and bars gun possession by domestic abusers, individuals with felony convictions, and those who have been involuntarily committed or found to be a danger to themselves or others.
It is difficult to predict if Maine's constitutional carry laws will change in the future. However, as of now, Maine has no plans to revoke its constitutional carry status, and Article I, Section 16 of the Constitution of Maine states, "Every citizen has a right to keep and bear arms, and this right shall never be questioned."
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